If I got a third DUI after 10 years from my last, what am I facing?

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If I got a third DUI after 10 years from my last, what am I facing?

Asked on June 27, 2015 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

With DUI's, in most states the law provides something known as the "look back" rule. According to this rule, if your DUI conviction happened outside of the stated timeframe, the court will not consider it for sentencing purposes (although it will remain on your permanent record). In effect, it will be as though your most recent DUI was the first. In WI, the look back period is 10 years.  

Therefore, depending on the exact date of your conviction, it may or may not now work against you in court. Since criminal charges attach to a DUI, you really should consult directly with a DUI attorney in the area where the legal proceeding will be held. They can best advise you further. Experienced counsel, may be able to get the charge dismissed (or at least reduced).


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